Judgment Of Agency By Estoppel

This thesis is entitled ‘Judgment of Agency by Estoppel (Duldungsvollmacht)’. It will make acomparative study between Chinese law and foreign law on this topic. Then it will focus ondifferences between Agency by Estoppel (Duldungsvollmacht) and Apparent Agency（Anscheinsvollmacht），judgment ofAgency by Estoppel under the current laws of China, andconstitutive requirements of Agency by Estoppel. In addition to introduction and conclusion,this thesis is divided into three parts:The first part will make a comparative study between Chinese law and the current laws ofGermany, Japan and Taiwan District. Through the study on legislation and academic of thesestates, we will have a knowledge of the traditional theory of Agency by Estoppel. Finally,several problems in Chinese legislation will be pointed out. The second part is on the keyproblems of judgment of Agency by Estoppel. In this part, through several cases, three detailedlegal questions will be raised. By analyzing these questions, the thesis tries to provide answersto them. The third part focuses on the constitutive requirements of Agency by Estoppel and itsfunction in Chinese current law. This part will point out the differences in constitutiverequirements between Agency by Estoppel and Apparent Agency（Anscheinsvollmacht）. On thisbasis, Article66, paragraph1,3of General Principles of Civil Law of PRC will then bereinterpreted. The thesis provides at the end a framework of judgment of Agency by Estoppel. Through abovementioned comparative study, it develops a set of rules of Agency by Estoppel and a possibleway of dealing with the problems in judicial practice.